CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has joined two multistate coalitions it says are aimed at protecting women’s health by urging the U.S. Supreme Court to protect the rights of individual states to regulate abortion within their borders.
One brief urges the Supreme Court to review a case involving a state’s exclusive right to license abortion providers within its borders. The other brief seeks to protect state laws that require abortion providers to have admitting privileges at a local hospital.
“Every state must be allowed to enact common sense regulations to ensure the safety of its citizens,” Morrisey said. “The 10th Amendment affirms this right belongs to each individual state."
The licensure brief defends an Indiana state law by arguing that a federal court cannot require a state to issue a license to a specific provider. It contends that if federal courts can override state licensing decisions, the states would be unable to maintain consistent standards and guarantee the safety of citizens.
The privileges brief supports Louisiana’s effort to require that all ambulatory surgical centers, including abortion clinics, hold admitting privileges at nearby hospitals. Such a measure helps ensure that abortion procedures are performed under the safest conditions possible.
